Tigerton Village City Zoning Code
ARTICLE III
Zoning District Regulations
§ 585-7 Shoreland, Conservancy and Agricultural Transition districts.
A.
Intent.
(1)
General. The general intent of this section is to set forth land uses or activities which are permitted in areas which are environmentally sensitive, are of environmental concern, or are rural in character. This section also sets the uses which are allowed with special conditions and land uses which must receive a special use permit.
(2)
(S) Shoreland District. The intent of the (S) Shoreland District is to prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, the placement of structures and land uses; and to preserve shore cover and the natural beauty adjacent to lakes, rivers, streams and other water bodies. All wetlands and portions of wetlands, regardless of size, which are designated as wetlands on the Wetlands Inventory Maps and within the jurisdiction of this chapter, shall be regulated. Wetlands of less than five acres, identified with a point symbol on the Wetland Inventory Maps, shall not be regulated under this section unless specific boundaries are approved for such areas and such boundaries are added to the Wetland Inventory Maps. The (S) Shoreland District is meant to comply with Wis. Stats. §§ 61.351 and 281.31.
(3)
(C) Conservancy District. The intent of the (C) Conservancy District is to protect areas that are unsuitable for residential, commercial or industrial development due to flooding, high water table, poor drainage, slope, adverse soil or geologic conditions, important natural habitat features or by reason of being designated a public park or a common open space area. Most of these areas contain valuable environmental qualities which should be retained in a substantially undeveloped state in order to conserve the area's natural resources while protecting and preserving the amenities of the area's environment. Further, the intent of this district is to protect groundwater-recharge areas, prevent overcrowding of land, curtail pollution and siltation, and alleviate flooding hazards.
(4)
(A-T) Agricultural Transition District. The intent of the (A-T) Agricultural Transition District is to provide for the orderly transition of agricultural land to other uses in areas planned for eventual urban expansion, defer urban development until the appropriate local governmental bodies determine that adequate public services and facilities can be provided at a reasonable cost, ensure that urban development is compatible with local land use plans and policies, and provide periodic review to determine whether all or part of the land should be transferred to another zoning district. Such review shall occur a minimum of once every five years; upon completion or revision of a county agricultural preservation plan which affects lands in the district; or upon extension of public services necessary to serve urban development, such as water and sewer. Furthermore, the agricultural transition zoning classification is meant to comply with the provisions of the Farmland Preservation Law as set forth in Wis. Stats § 91.14.
B.
Single-family detached dwellings.
(1)
In the A-T District, residential dwellings must have been constructed prior to the effective date of the adoption of this chapter or be constructed on lots of record existing prior to the effective date of this chapter unless they are clearly accessory to or associated with agricultural uses. Residential single-family detached dwellings shall be considered accessory to agricultural uses, provided such dwellings are occupied by a person or a family, at least one member of which earns a substantial part of his or her livelihood from farming operations on the farm parcel, or parents or children of the farm operator.
(2)
Residential dwellings are not permitted within the (S) Shoreland District or (C) Conservancy District.
C.
Open space and conservation uses and public utilities.
(1)
Any private development shall be exclusively for a permitted use, and an applicant shall receive a permit or license under Ch. 29, Wis. Stats., where applicable.
(2)
The construction and maintenance of launching ramps, roads and public utility transmission lines are permitted, provided that:
(a)
The road or utility cannot, as a practical matter, be located outside the wetland;
(b)
The road or utility is designed and constructed to minimize the adverse impact upon the natural functions of the wetlands;
(c)
The roads shall be designed and constructed with the minimum cross-sectional area practical to serve the intended use;
(d)
Road construction activities are carried out in the immediate area of the roadbed only; and
(e)
Only limited filling, dredging, ditching, tilling or excavating necessary for the construction or maintenance of the road or utility is permitted.
(3)
Ditching, excavating, dredging, dike and dam construction, other than that allowed for roads or utilities above, is allowed only for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
D.
Amendments to Shoreland District.
(1)
Any use not listed in Subsection E is prohibited, unless the wetland or a portion of the wetland is rezoned by an amendment of this chapter in accordance with the requirements of this code and Wis. Stats. § 62.23(7)(d)2.
(2)
For all proposed text changes, variances, appeals, special exceptions and map amendments to the (S) Shoreland District, the appropriate area office of the Department of Natural Resources shall be provided with the following:
(a)
A copy of every petition for a text or map amendment to the (S) Shoreland District within five days of the filing of such petition with the Village Clerk-Treasurer;
(b)
Written notice of the public hearing to be held on a proposed amendment, variance, appeal or special exception at least 10 days prior to such hearing;
(c)
A copy of the Zoning Administrator's findings and recommendations on each proposed amendment, variance, appeal or special exception within 10 days after the submission of those findings and recommendations to the Plan Commission; and
(d)
Written notice of the Village Board or Board of Appeal's decision on the proposed amendment, variance, appeal or special exception within 10 days after it is issued.
(3)
A wetland, or a portion thereof, in the (S) Shoreland District shall not be rezoned if the proposed rezoning may result in a significant adverse impact upon any of the following:
(a)
Stormwater and floodwater storage capacity;
(b)
Maintenance of dry-season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland;
(c)
Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
(d)
Fish spawning, breeding, nursery or feeding grounds;
(e)
Shoreline protection against erosion;
(f)
Wildlife habitat; or
(g)
Areas of special recreational, scenic or scientific interest, including scarce wetland types.
(4)
If the Department of Natural Resources notifies the Zoning Administrator that a proposed amendment to the (S) Shoreland District may have a significant adverse impact upon any of the criteria listed above, that amendment, if approved by the Village Board, shall contain the following provision:
"This amendment shall not take effect until more than 30 days have elapsed after written notice of the Village Board's approval of this amendment is mailed to the Department of Natural Resources. During that thirty-day period, the Department of Natural Resources may notify the Village Board that it will adopt a superseding shoreland ordinance for the Village under § 61.351(6), Wis. Stats. If the Department does so notify the Village Board, the effect of this amendment shall be stayed until the adoption procedure under § 61.351(6) is completed or otherwise terminated."
E.
Land Uses or Activities: Shoreland, Conservancy and Agricultural districts.
KEY: | |
(S) - Shoreland | P = Permitted |
(C) - Conservancy | X = Site Plan Approval Necessary |
(A-T) - Agricultural Transition | CP = Conditional Use Permit Required |
Land Use or Activity | S | C | A-T |
|---|---|---|---|
Agricultural uses, including general farming, dairying, raising grain, grass and seed crops, vegetable farming, orchards, horticulture, plant greenhouses and nurseries, forest and game management and other uses of a similar nature | P | P | |
Construction or maintenance of piers, docks or walkways built on pilings, including limited excavating and filling necessary for such construction or maintenance | P | P | |
Harvesting of wild crops such as marsh hay, ferns, berries, tree fruits and seeds in a manner that is not injurious to the natural reproduction of such crops | P | P | P |
Hiking, fishing, swimming and boating | P | P | P |
Open space areas and conservation uses, including public and private parks, historic and scientific areas, outdoor education areas, wildlife refuges and public boat-launching ramps and attendant access roads | CP | CP | CP |
Public and semipublic nonprofit uses such as churches, schools, libraries | CP, X | ||
Sanitary landfills | CP, X | ||
Single-family detached residential dwellings | CP | ||
Utility transmission lines, including electric, gas, telephone, waterlines and sewer lines | CP | CP | P |
§ 585-8 Residential districts.
A.
Intent.
(1)
General. The general intent of this section is to set forth land uses or activities which are permitted in residential areas in the Village; to specify the zoning district in which each use or activity will be permitted, after a conditional use permit has been granted; and to establish density and bulk regulations within each district.
(2)
(R-1) Residential District. The intent of the (R-1) Residential District is to set forth those land uses and activities which are permitted in areas where limitation on the use of land and density of development is necessary to minimize environmental impacts and where high-density, single-family housing is the desired land use.
(3)
(R-2) Residential District. The intent of the (R-2) Residential District is to set forth those land uses and activities which are permitted in areas where limitation on the use of land and density of development is necessary to minimize environmental impacts and where low- to moderate-density, single-family housing is the desired land use.
(4)
(R-3) Residential District. The intent of the (R-3) Residential District is to set forth those land uses and activities which are permitted in areas where multiple-family-housing development is the desired predominant land use.
B.
General provisions.
(1)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in residential districts or requiring a conditional use permit, are set forth in Subsection D of this section. Regulations for lot size, yards and similar bulk requirements are set forth in the Schedule of Bulk Requirements for Residential Districts. Both said schedules are hereby adopted and made part of this chapter.
(2)
Excluded uses or activities. A land use or activity not set forth in Subsection D is not permitted in residential districts in the Village.
(3)
Required open space. In all residential districts, the total area of all structures on a lot shall not exceed the maximum percentage of lot coverage as specified in the attached schedule. At least 65% of any required front yard area shall remain open space and shall not be used for parking and driveways.
(4)
Spacing between structures.
(a)
When two or more multiple-family-dwelling structures are located on a single lot, the following separations between exterior walls shall be maintained:
[1]
Front or rear wall of one structure facing front or rear wall of another: not less than sixty-foot separation.
[2]
End wall of one structure facing end wall of another: not less than thirty-foot separation.
[3]
End wall of one structure facing front or rear wall of another: forty-five-foot separation.
(b)
The above minimum separations may be modified by the Plan Commission when site plan review determines that building design, site layout, landscaping treatment or unusual site conditions warrant such modification. When buildings are not parallel, the average separation shall be as specified above, but in no case shall the closest separation of nonparallel buildings be less than half of the required separation.
(5)
Site plan approval. When the attached schedule indicates that site plan approval is necessary for a land use or activity in a residential district, the Building Inspector may not issue a building permit for such land use or activity until a final site plan has been approved by the Village Board after recommendation by the Plan Commission in accordance with this chapter.
(6)
Dimensions and general occupancy requirements.
(a)
Floor space.
[1]
Minimum total floor space. Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant and at least 100 additional square feet of floor space for every additional occupant, in addition to the floor area included in water closet compartments, bathrooms and halls or passageways.
[2]
Sleeping rooms. Every room occupied for sleeping purposes shall contain at least 70 square feet of floor space for one occupant or 50 square feet of floor space for each occupant if more than one.
(b)
Ceiling height of habitable rooms. At least 1/2 the floor area of every habitable room shall have a ceiling height of not less than seven feet of unfinished ceiling height. The floor area of any part of a room where the ceiling height is less than five feet shall not be considered part of the required floor area.
(c)
Basement. Except as herein provided, no basement space may be used as a habitable or dwelling unit.
[1]
Where the entire floor of the basement is below grade and the basement is utilized for sleeping, at least two exits shall be provided. The two exits shall not be accessed by the same stairway and shall be in accordance with the following:
[a]
One exit shall be a stairway or ramp which leads to grade or a door located at the basement level which leads to grade via an exterior stairs.
[b]
The second exit may be a stairway which leads to grade or a door located at the basement level which leads to grade via an exterior stairs or an outside window which can be opened from the inside without the use of tools. The window shall not be less than 20 inches in width, 24 inches in height and 5.4 square feet in area, with the bottom of the sill located not more than 44 inches above the floor. If a window is provided as the second exit, a window shall be located in each bedroom. If the window is located below grade, an areaway shall be provided. The width of the areaway shall be 1 1/2 times the depth of the areaway. The areaway shall be a minimum of three feet measured perpendicular from the wall. The areaway shall be constructed to prevent rainfall flowing into the areaway from entering the bedroom.
C.
Conditional use permit for certain land uses or activities in residential districts. Land uses or activities listed in Subsection D as being "conditional uses" shall not be considered permitted as a conditional use, and the Zoning Administrator shall not issue a zoning certificate for such uses or activities until applicable conditions, including but not limited to those set forth below, have been complied with.
(1)
Nursery, greenhouse.
(2)
No offensive odors and dust are created.
(3)
Retail sales are limited to products grown on the premises and sold in the open or from a structure that is removed at the end of the growing season.
(4)
Dwelling, multiple-family abutting R-1 or R-2 District.
(a)
A lot in the R-3 Multiple-Family District abuts or is across a street from a lot in an R-1 or R-2 Single-Family District, the building setback requirements of the R-1 or R-2 District shall be applicable in the R-3 District and a landscaped buffer strip at least 10 feet wide (see § 585-3, Definitions) shall be established adjacent to the R-1 or R-2 lot line and approved as part of site plan approval.
(b)
Trash receptacles are located not less than five feet from any property line and are appropriately screened.
(c)
Approved facilities are provided for the outdoor or indoor storage of seasonal vehicles, recreation equipment, and similar items.
(5)
Manufactured housing.
(a)
The manufactured home must bear either the UDC sticker signifying compliance with the Wisconsin Uniform Dwelling Code or a HUD Code sticker signifying compliance with the National Manufactured Housing Construction and Safety Standards Act.
(b)
The structure shall be of a minimum width of 22 feet and be placed upon a foundation.
(c)
A minimum of an attached or detached one-and-one-half-stall garage at least 280 square feet in size shall be constructed with each housing unit.
(d)
Individual home sites shall be in separate ownership as opposed to the rental arrangements found in mobile home parks.
(e)
Exterior finishes and appearances shall be similar to a typical single-family housing unit.
(6)
Dwelling, efficiency. One efficiency dwelling (see § 585-3, Definitions) when such dwelling is included within the structure of an owner-occupied single-family dwelling and does not occupy more than 30% of the total usable floor area, not to exceed 375 square feet, of such one-family dwelling.
(7)
Conversion of existing dwellings into additional dwelling units.
(a)
The area of the lot is at least 50% of the minimum lot area which would be required for construction of an equivalent number of new dwelling units in the district.
(b)
At least 80% of the setback and yard requirements of the district which would be required for new construction can be complied with.
(c)
Minimum frontage of 50 feet can be provided.
(d)
Parking and open space requirements of the district are complied with.
(e)
Each of the dwellings thus created contains not less than 350 square feet of habitable floor area.
(8)
Excavation, grading or filling. Only when such activity is carried out in conjunction with the construction of a building, subdivision, planned development, recreation area or parking area. No topsoil shall be stripped from any lot for commercial purpose except by conditional use permit.
(9)
Temporary building, mobile home, trailer or fence. Only when such building, mobile home, trailer or fence is related to a construction project and located on the same lot where such construction is being undertaken or on a contiguous lot. The building, mobile home, trailer or fence must be moved promptly at the end of construction or upon notice by the Building Inspector.
(10)
Signs. Only when they are in compliance with § 585-18 of this chapter.
(11)
Lodging or rooming house.
(a)
Cooking facilities are not in the lodging room (see definitions).
(b)
Bathroom facilities must conform to all Village housing and health codes.
(c)
One on-site off-street parking space shall be required per lodging room. If on-site parking spaces cannot be provided, required parking may be provided within 200 feet of the property where the lodging rooms are located.
(d)
All Wisconsin Administrative Code requirements shall be met and are hereby adopted by reference.
(e)
Lodging rooms shall be permitted at a density not to exceed one unit for each 2,000 square feet of lot area.
D.
Land uses or activities: residential districts.
KEY: |
P = Permitted |
CP = Conditional Use Permit Required |
X = Site Plan Approval Necessary |
* See Section 585-8(C) above |
Land Use or Activity | R-1 | R-2 | R-3 |
|---|---|---|---|
Agriculture on a 10-acre-minimum lot | |||
Alternate energy installations | CP, X | CP, X | CP, X |
Art gallery and museum | CP, X | CP, X | CP, X |
Bed-and-breakfast establishment | CP | CP | CP |
Business use | CP, X | ||
Cemetery, crematoriums | CP, X | CP, X | CP, X |
Convent, monastery, seminary | CP, X | CP, X | CP, X |
Conversion of existing dwelling into less than 4 dwelling units | CP, X | ||
Conversion of existing dwelling into 4 or more dwelling units | CP, X | ||
Day-care/child-care | CP, X | CP, X | CP, X |
Duly authorized philanthropic and/or charitable institution | CP, X | ||
Dwelling, one-family | P | P | P |
Dwelling, two-family | CP | CP | CP |
Dwelling, multiple-family | P, X | ||
Dwelling, efficiency* | CP | CP | P |
Dwelling, townhouse | P | P | P |
Dwelling or community-living arrangement | CP | CP | CP |
Excavation, grading or filling | CP, X | CP, X | CP, X |
Funeral and undertaking parlor | P, X | ||
Garage, private detached | P | P | P |
Home occupation | P | P | P |
Library, public | P, X | P, X | P, X |
Lodging or rooming house | CP | ||
Manufactured home/housing* | CP | CP | |
Multifamily housing for the elderly and handicapped* | CP | CP | CP |
Noncommercial garden | P | P | P |
Nursery, greenhouse | CP | CP | CP |
Nursing home (intermediate care) | CP, X | CP, X | CP, X |
Nursery school | P, X | P, X | P, X |
Parks and playgrounds (public and private) | P, X | P, X | P, X |
Places of religious worship | CP, X | CP, X | CP, X |
Planned unit development | CP, X | CP, X | CP, X |
Private garage accessory to dwelling | P | P | P |
Signs | CP, X | CP, X | CP, X |
Temporary building or fence | P | P | P |
Utility, local service | P | P | P |
Zero lot line units |
E.
The Schedule of Bulk Requirements: Residential Districts is attached to this chapter.
§ 585-9 Business districts.
A.
Intent.
(1)
General. The general intent of this section is to set forth land uses or activities which are permitted in business and commercial areas in the Village; to specify the zoning district in which each use or activity will be permitted, or after a conditional use permit has been granted; and to establish bulk regulations for lots within each district.
(2)
(B-1) Business District. The intent of the B-1 Business District is to set forth those land uses and activities which are permitted to provide a wide range of shopping, convenience goods, personal services, and entertainment businesses located throughout the Village.
(3)
(B-2) Highway Business District. The intent of the B-2 Business District is to set forth those land uses and activities which are permitted to provide a wide range of shopping, convenience goods, personal services, and entertainment businesses located near or along the U.S. Highway 45 corridor. Because of their high-visibility location, however, businesses in the B-2 Business District are required to meet higher design standards to ensure that development is efficient and attractive.
B.
General provisions.
(1)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in business districts, or a conditional use permit, are set forth in Subsection E. Regulations for lot size, yards and similar bulk requirements are set forth in the Schedule of Bulk Requirements: Business Districts. Both schedules are hereby adopted and made part of this chapter.
(2)
Excluded uses or activities. A land use or activity not set forth in Subsection E is not permitted in business districts in the Village except that uses and activities which are similar to those which are permitted in a district may be permitted by conditional use permit.
(3)
Enclosure of operation. All business, servicing or processing shall be conducted within completely enclosed buildings except for:
(a)
Off-street parking or loading.
(b)
Drive-in-type operations when conducted as a lawful permitted conditional use.
(c)
Outdoor display or sales activity which is normally associated with the operation of a conditional use or for which a special use permit has been issued.
(d)
The temporary sale of Christmas trees and Christmas greenery may be conducted in open lots in all business districts for a period not to exceed 30 days.
(e)
Garbage or trash storage.
(4)
Performance standards. For noise, vibration, smoke and particulate matters, noxious odors, fire and explosion hazard, glare, lighting, heat and radiation shall be as established and enforced by the Village.
(5)
Parking limitations.
(a)
Parking of trucks when accessory to the conduct of a permitted use shall be limited to vehicles having not over 1 1/2 tons' capacity, except for pickup or delivery services during normal business hours.
(b)
When a commercial activity requires that a truck in excess of 1 1/2 tons' capacity be parked in the open within 150 feet of an adjacent residence district line, such parking area shall be screened from view from the residential property by a dense barrier of evergreens which will grow to a height of at least eight feet.
(6)
Scope of operations. All business establishments shall be retail trade or service establishments dealing directly with consumers. Any assembly or production shall be clearly incidental to the basic use.
(7)
Site plan approval. The Building Inspector may not issue a building permit for the development or expansion of any commercial or business establishment until a final site plan has been approved by the Village Board after considering the recommendation of the Plan Commission.
(8)
Facade improvements. In the B-1 District, no changes may be made to the main building facade on any building or structure without prior approval from the Village Board after considering the recommendation of the Plan Commission.
(9)
Change in ownership. In the B-1 District, if there is a change in ownership of a structure, the structure's use will revert back to its original intent (e.g., a nonconforming residential use in a commercial structure will revert back to a commercial use when the building is sold).
C.
Conditional uses for certain land uses or activities in business districts. Land uses or activities listed in Subsection E as "conditional use" shall not be considered as a conditional use, and the Zoning Administrator shall not issue a zoning certificate for such uses or activities until applicable conditions, including but not limited to those set forth below, have been complied with.
(1)
Battery and tire sales and service.
(a)
All servicing occurs within a building and vehicles are not parked outdoors for more than 30 days.
(b)
Access drives to parking and service areas are clearly defined by curbs and are no wider than 24 feet.
(2)
Boat sales and repair.
(a)
Parking areas and access thereto are paved and clearly defined by curbing and are landscaped according to district standards or not less than a five-foot landscape area.
(b)
A five-foot buffer strip is created along all property lines adjacent to a residential district.
(3)
Club or lodge. Permitted when required off-street parking is not located in any front yard nor closer than five feet from any property line. Landscaping around parking areas and access drives shall be provided.
(4)
Drive-in restaurant including drive-through facilities. Such facilities shall provide adequate parking and stacking space so that vehicles are not standing in any public street. The number, size and location of access and egress points shall be approved by the Village Board after considering the recommendation of the Plan Commission.
(5)
Dwelling units. Other provisions of the chapter to the contrary notwithstanding, a dwelling unit may be permitted in a business district as follows:
(a)
In the B-1 District, dwelling units or lodging rooms shall be a conditional use when located above the ground floor or, if on the ground floor, not less than 25 feet from the front line, if they meet the following requirements:
[1]
No residential lot area requirements will apply.
[2]
All dwelling units shall conform to all housing, building, heating, electrical and plumbing codes which are presently in effect and apply to new construction.
[3]
Required fire walls between buildings shall not be altered. If any such required fire wall has been previously altered, it shall be brought into compliance.
[4]
The commercial activity shall not involve the use, storage or sale of large quantities of explosive or highly flammable materials.
[5]
No dwelling shall be located above a commercial establishment unless the dwelling occupancy and exits therefrom are separated from the commercial occupancy by construction having a fire resistance of at least one hour or unless the commercial occupancy is protected by automatic sprinklers.
[6]
All dwelling units shall have all required accesses separate from commercial accesses.
[7]
Off-street parking spaces required in this chapter shall be provided. If any or all of the required parking cannot be provided on the same lot, the owner of the dwelling units may lease parking in any for-lease parking lot to satisfy the requirements of this chapter. It shall be the responsibility of the owner of the dwelling units to provide such leased parking space on a continuing basis, and such owner shall provide proof at time of approval that the leased parking area shall always remain available for parking. Failure to maintain the required number of parking spaces shall necessitate the vacation of all living units for which no parking is provided.
(b)
In a B-1 District, a dwelling unit may be located in an office building if it meets the following requirements:
[1]
Any such dwelling unit shall be an efficiency or one bedroom, except that in those cases where the operator of the office business lives in such dwelling unit, more than one bedroom is permitted.
[2]
Any such dwelling unit shall have access which is separate from the office use access.
[3]
The parking requirements of this chapter for both office use and dwelling use are met.
(c)
In a permitted hotel, motel, convent, monastery, parsonage or rectory.
(6)
Hobby shop.
(a)
Total floor area does not exceed 5,000 square feet.
(b)
Testing or use of items sold or displayed occurs only within the shop.
(7)
Machine, sheet metal and welding shop. Any building used for such purposes shall be not more than 5,000 square feet of gross floor area and operations are within the enclosed building and glare from the welding operation is not visible from outside the building.
(8)
Meeting and exhibition hall. Required off-street parking is not located in any front yard nor closer than five feet from any property line. Landscaping around parking areas and access drives shall be provided.
(9)
Personal service facility. Not more than 5,000 square feet of floor area is devoted to dry cleaning, pressing or laundering processes which are not self-service.
(10)
Rental service facility including vehicles.
(a)
Outdoor storage areas are located no less than 10 feet from any property line.
(b)
A landscaping plan has been approved for outdoor storage and parking areas.
(c)
Access drives are clearly defined by curbs and are no wider than 24 feet.
(11)
Secondhand store. Permitted as a conditional use when there is no outside overnight storage of furniture, appliances or any other type of material or rummage.
(12)
Specified retail sales or service establishment. Permitted as a conditional use when the total floor area devoted to any single establishment does not exceed 5,000 square feet.
(13)
Temporary greenhouses. Temporary greenhouse construction shall conform to all appropriate setback requirements. Temporary greenhouse building permits must be obtained from the Building Inspector. The conditional use permit shall be in effect for a period not to exceed six months.
(14)
Wholesale and warehouse facility. There shall be no outside storage of materials.
D.
Design standards for land uses in B-2 Business District. No building or use shall be constructed or established in a B-2 District unless it conforms to the following design standards.
(1)
Lot size: minimum 1/2 acre.
(a)
No business may be established on a parcel less than 1/2 acre.
(b)
No parcel shall be divided without Village approval.
(2)
Lot width: minimum 170 feet, measured at the setback line.
(3)
Road frontage. All lots must front on a public road or street and must have at least 50 feet of frontage on said road.
(4)
Setbacks/yards. Front: minimum 50 feet. Rear: minimum 50 feet. Side: minimum 20 feet on each side. The space within the setback shall be used for lawns and landscaped areas and parking lots and shall not be used for buildings, structures or loading areas. If front is used for parking, there must be 20 feet of green area adjacent to the right-of-way and 10 feet of green area adjacent to the building.
(5)
Parking and loading areas. On-street parking and loading is not permitted within this district. All customer parking and loading areas shall be paved with asphalt or concrete within two years of occupancy.
(6)
Outside storage. No outside storage is allowed on the side of the lot abutting the street and/or U.S. Highway 45. All outside storage areas and items stored outside, other than vehicles, shall be completely screened from view with a fence of attractive design.
(7)
Parking. All customer parking areas and driveways shall be paved with asphalt, concrete or gravel free of pot holes and may be located within the setback lines, provided there is a minimum of 20 feet of green area adjacent to the right-of-way as outlined in Subsection D(4) of this section. No on-street parking is allowed. The number of spaces provided shall be adequate for the proposed use as determined by the Plan Commission, but in no case shall spaces provided total less than:
(a)
One space for every 200 square feet of building area for retail establishments.
(b)
One space for every 800 square feet of building area for manufacturing and wholesale establishments.
(8)
Landscaping. Buildings and parking areas shall be landscaped with trees and shrubs.
(9)
Signs.
(a)
No signs or billboards are permitted within this district except signs which advertise the name of the establishment. Only one such sign shall be permitted for each lot, except those lots which back highway. No sign in any front yard shall exceed a total height of eight feet above grade or a total area of 50 square feet per side. Front yard signs may be located within the front setback area. Signs located along U.S. Highway 45 shall not exceed a total height of 20 feet above grade or a total of 100 square feet per side.
(b)
Signs may be illuminated, but lights shall not project outward so as to shine towards or cause glare for persons or vehicles located off of the subject property. No flashing, blinking, moving or animated signs or lights are permitted. Mobile signs are not permitted, nor is it permitted to use trucks, trailers, wagons or other objects as signs. No sign may emit smoke or other visible matter, nor may any sign emit sound.
(c)
Wall signs will be allowed, subject to individual review and approval by the Village Board after recommendation by the Plan Commission.
(10)
External lighting. No operation, activity or facility that is illuminated with reflecting lights shall cause glare to vehicles traveling in an adjacent street right-of-way or on any adjacent residential land.
(11)
Special sign district.
(a)
Purpose. The purpose of this section is to establish a review procedure for signs related to use in the B-2 District along U.S. Highway 45 and to establish reasonable standards regulating advertising appropriate to such development. Special regulations are established for this area due to its orientation to nonlocal traffic, a characteristic which makes such an area unique and different from all other areas in the Village, and therefore, requiring special regulations.
(b)
Boundaries. To be included under the special provisions of this section is all B-2 zoned land within 1,000 feet either side of the center line of U.S. Highway 45.
(c)
Signs regulated. All signs within this district shall be regulated by the provisions of the Village's Sign Ordinance, except that:
[1]
Freestanding signs in excess of the allowable area and height maximums are permissible, subject to the standards contained in Subsection D(11)(d) below.
[2]
Roof signs may be allowed, provided no freestanding sign is also proposed and such roof sign is authorized by conditional use permit issued by the Village Board.
(d)
Freestanding sign standards.
[1]
Lights from the signs illuminated with reflecting lights shall not project towards any right-of-way or cause glare to vehicles in the right-of-way or on any adjacent residential land.
[2]
Within this district the following sign heights are permitted:
[a]
Thirty-five feet within the area 500 feet either side of the center line of U.S. Highway 45.
[b]
Forty-five feet within the area between 500 feet and 1,000 feet either side of the center line of U.S. Highway 45.
[3]
Signs in excess of the allowable height maximum may be allowed by conditional use permit issued by the Village Board after recommendation by the Plan Commission, provided:
[a]
Proper evidence supports the greater height needs.
[b]
Two additional feet of setback from all right-of-way lines are provided for each additional foot of sign height over the maximum allowable up to a maximum height of 65 feet.
[c]
The sign is placed in such a manner and on a lot large enough so as not to be closer than 500 feet to another sign allowed by special permit. Two such signs of excess height within 500 feet of each other constitutes an over-proliferation of oversized signs.
[d]
Such sign is necessary due to natural features, i.e., trees, rock formation, hills, gradients, etc., or due to a highway structure which is a part of or attendant to U.S. Highway 45. Such additional sign height may not be granted due to any other sighting problem, i.e., other signs, buildings, etc.
[e]
Sign line drawings displaying sight and visibility problems must be presented or, in lieu, an on-site demonstration with full-scale mock-up sign provided.
E.
Land uses or activities: business districts.
KEY: |
P = Permitted |
CP = Conditional Use Permit |
Land Use or Activity | B-1 | B-2 |
|---|---|---|
Antique and craft shop | P | P |
Automobile sales, new and used | CP | CP |
Automotive car wash | CP | CP |
Automobile engine repair, service garage, and body shop | CP | CP |
Automotive parts and accessories | P | P |
Automobile service station | CP | CP |
Bakery | CP | CP |
Bank and financial institution, including branch bank and drive-in | P | P |
Battery and tire sales and service | P | P |
Bed-and-breakfast establishment | CP | CP |
Bicycle sales, rental and repair | P | P |
Blueprinting and photostating | P | P |
Boat sales and repair | CP | CP |
Bottling and distribution | CP | CP |
Bulk fuel and ice sales | CP | CP |
Business machine and equipment sales and service | P | P |
Catering establishment | P | P |
Church, chapel, temple, convent, monastery, rectory | P | P |
Club or lodge | CP | CP |
Cocktail lounge, tavern | P | P |
Day-care facility | P | P |
Drive-in restaurant, including drive-through facilities, i.e., bank, laundry, bakery, etc. | P | P |
Dry cleaning and laundry facility, including linen, towel or diaper service | P | P |
Dwelling units | CP | |
Eating and drinking establishments | P | P |
Fraternal, philanthropic and charitable institution | P | P |
Frozen food and locker facility | CP | CP |
Funeral and undertaking parlor | P | CP |
Governmental service | P | P |
Greenhouse | CP | CP |
Hobby shop | CP | CP |
Household appliance, radio and TV sales and service | P | P |
Indoor amusement and recreation facility | P | P |
Indoor cinema or theater | P | P |
Interior decorating | P | P |
Library | P | P |
Liquor store | P | P |
Loan office | P | P |
Machine, sheet metal and welding shop | CP | CP |
Meat and fish market | P | P |
Medical, dental and optical clinic | P | P |
Meeting and exhibition hall | CP | CP |
Motel and hotel | P | P |
Newspaper office | P | P |
Newsstand | P | P |
Nursery school | P | P |
Outdoor amusement and recreation facility | CP | CP |
Parcel delivery | P | P |
Personal service facility, i.e.; barber and beauty shop, tailor shop, self-service laundromat, shoe and clothing repair | CP | CP |
Pet shop | P | P |
Photography studio | P | P |
Physical culture and health facility; spa | P | P |
Printing and publishing shop | P | P |
Private parking facility not accessory to another use | P | P |
Professional or business office, including optical and dental laboratory | P | P |
Public parking facility | P | |
Radio and TV studio | P | P |
Rental service facility | CP | CP |
Research laboratory | CP | CP |
Sale and display of art objects, art and school supplies, candy, ice cream; gift shop; picture framing shop | P | P |
Sales and service of plumbing, electrical or heating fixtures and appliances | P | P |
Sales and service of recreation vehicles, motorcycle and similar vehicles | P | CP |
Sales of building materials | P | P |
Sale of convenience goods, such as groceries, pharmaceutical, sundries, photographic supplies, variety | P | P |
Secondhand store | CP | CP |
Sign | CP | CP |
Specified retail sales or service establishment | CP | CP |
Supermarket, department store, variety store; sale of clothes, shoes, furniture, hardware, flowers, jewelry, toys, china and glassware, carpet and floor coverings, luggage and leather goods, dry goods, paint and wallpaper, office supplies, sporting goods | P | P |
Temporary greenhouses | CP | CP |
Tent and awning sales and production | P | P |
Ticket and travel agency | P | P |
Upholstering shop | P | P |
Vehicle body shop | CP | CP |
Veterinary office and animal hospital or grooming shop | P | P |
Wholesale and warehouse facility | CP | CP |
F.
The Schedule of Bulk Requirements: Business Districts is attached to this chapter.
§ 585-10 Industrial districts.
A.
Intent.
(1)
General. The general intent of this section is to set forth land uses or activities which are permitted in industrial areas in the Village or after a conditional use permit has been granted, and to establish bulk regulations for lots within this district.
(2)
I-1 and I-2 Industrial Districts.
(a)
The intent of the industrial districts is to set forth those land uses and activities which are permitted to provide for industrial and related development within the framework of industrial and manufacturing growth goals of the Village. It is further intended that regulations in the industrial districts be such as to prevent intrusion of structures and uses that are inimical to and not compatible with the use of land for desired industrial development.
(b)
In addition, it is intended that performance standards be established to provide specific controls for governing tolerable levels of emission of noise, smoke and particulate matter, odors and other potential nuisances and for providing adequate landscaped yards and other open areas in order to maintain the desired environmental qualities within the industrial districts and the entire Village and its environs.
(c)
The distinction between the I-1 and I-2 Industrial Districts involves differences in permitted land uses and traffic volumes.
B.
General provisions.
(1)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in the industrial districts, or land uses or activities requiring a conditional use permit, are set forth in Subsection D. Regulations for lot size, yards and similar bulk requirements are set forth in the Schedule of Bulk Requirements: Industrial Districts. Both said schedules are hereby adopted and made part of this chapter.
(2)
Excluded uses or activities. A land use or activity not set forth in Subsection D is not permitted in the industrial districts in the Village.
(3)
Enclosure of operation. All operations shall be conducted within completely enclosed buildings, except:
(a)
Off-street parking and off-street loading when conforming with regulations set forth in this chapter.
(b)
Establishments of the drive-in type offering goods and services to customers waiting in parked automobiles.
(c)
Servicing, repairing, testing, cleaning and other operations of railroads and other transportation facilities customarily conducted out of doors.
(d)
Storage and testing areas located not less than 500 feet from a residential district. Such areas, when located within 500 feet of a residential district, shall be completely enclosed behind a solid fence or wall or chain-link fence faced with dense plantings of trees or shrubs, which in the case of a wall or fence shall be not less than six feet or more than eight feet in height.
(e)
Other uses customarily conducted in the outdoors such as open sales lots for retail sales and outdoor recreation facilities. Such facilities shall be clearly incidental and secondary to the manufacturing use.
(4)
Setbacks along district lines.
(a)
In the I-1 and I-2 Districts, no building or structure, the principal use of which is manufacturing, fabricating, assembly, repairing, cleaning, servicing or testing of materials, products or goods, shall be located less than 100 feet from a residential district boundary line. All buildings and accessory uses shall be set back 30 feet from street rights-of-way.
(b)
Off-street parking and permitted outdoor storage may be located in such setback areas, except that no parking or storage shall be located less than 30 feet from a lot line adjoining a street.
(c)
From an interior lot line, which line is also a boundary of a residential district, all off-street parking or outdoor storage shall be effectively screened from such residential district by a buffer strip at least 12 feet wide and planted to provide an effective visual screen.
(5)
Site plan approval. No land use or activity in an industrial district may be developed or expanded without a building permit issued by the Building Inspector under the rules and regulations contained in this section. The Building Inspector may not issue a building permit for the development or expansion of any permitted use in an industrial district until a final site plan has been approved by the Village Board after a recommendation by the Plan Commission in accordance with this chapter.
(6)
Traffic volumes. In the I-1 and I-2 Industrial Districts, no land use or activity is allowed which will cause the average daily traffic to be greater than 500 on residential access streets, 1,000 on residential subcollector streets, and 3,000 on residential collector streets.
(7)
Performance standards.
(a)
Intent. It is the intent of this section to use performance standards for the regulation of industrial uses to facilitate a more objective and equitable basis for control and to ensure that the community is adequately protected from potential hazardous and nuisance-like effects.
(b)
Noise. No operation or activity shall transmit any noise exceeding 85 dba from 7:00 a.m. to 10:00 p.m. and 75 dba from 10:00 p.m. to 7:00 a.m. beyond the property line. The following noises are exempt from the regulations:
[1]
Noises not directly under the control of the property owner.
[2]
Noises from temporary construction or maintenance activities during daylight hours.
[3]
Noises from emergency, safety or warning devices.
(c)
Vibration.
[1]
No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
[2]
Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.
(d)
External lighting. No operation or activity shall produce any intense glare or lighting with the source directly visible beyond the boundary of an industrial district.
(e)
Odor. No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in § NR 429.03, Wis. Adm. Code.
(f)
Particulate emissions. No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Ch. NR 415, Wis. Adm. Code.
(g)
Visible emissions. No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Ch. NR 431, Wis. Adm. Code.
(h)
Hazardous pollutants. No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Ch. NR 445, Wis. Adm. Code.
C.
Conditional use permits for certain land uses or activities in industrial districts. Land uses or activities listed in Subsection D as being "conditional uses" shall not be considered permitted as a conditional use, and the Zoning Administrator shall not issue a zoning certificate for such uses or activities until applicable conditions, including but not limited to those set forth below, have been complied with.
(1)
Temporary building or fence. Permitted as a conditional use for construction purposes for a period not to exceed such construction and when located on the same lot where such construction is being undertaken or on a lot contiguous thereto.
(2)
Manufacturing, fabricating, assembly, repair, warehouse, processing, and cleaning. Permitted as a conditional use in the industrial districts only when:
(a)
Such land use or activity is in compliance with applicable performance standards for noise, vibration, smoke and particulate matter, toxic matter, noxious and odorous matters, fire and explosion hazard, glare and heat, radiation hazard and similar standards, as administered by the Village.
(3)
Aboveground storage of flammable liquids or material. Permitted by conditional use in the industrial districts only when such use has been reviewed and approved by the Tigerton Fire Department.
(4)
Watchman's dwelling. Permitted in the industrial districts if such dwelling is located on the premises where the said watchman is employed.
D.
Land uses or activities: industrial districts.
KEY: |
P = Permitted |
CP = Conditional Use Permit |
Land Use or Activity | I-1 | I-2 |
|---|---|---|
Aboveground storage of flammable liquids or materials | CP | CP |
Ambulance service | P | P |
Asphalt, coal or tar manufacture | CP | CP |
Archery range, golf driving range, ice skating rink | P | P |
Bottling works | P | P |
Car wash | P | P |
Cement, lime, gypsum manufacture | CP | CP |
Cemetery monument creation and sales | P | P |
Contractor's facility, including material and equipment storage | P | P |
Express and parcel delivery | P | P |
Fuel and ice retail sales | P | P |
Governmental service | P | P |
Greenhouse and nursery | P | P |
Heliport | P | P |
Laundry | P | P |
Lumberyard, mill work | P | P |
Manufacturing, fabricating, assembly, repair, storage, processing, cleaning, servicing and testing establishment | CP | CP |
Milk distribution sales | P | P |
Miniature or par-3 golf, go-cart track | CP | CP |
Mining, quarrying or extraction of sand, gravel, soil or other aggregate | CP | CP |
Motor freight terminal, air and rail freight terminal | CP | CP |
Offices with accessory research, testing, warehousing, fabricating or assembly | CP | CP |
Off-street parking | P | P |
Packing and crating | P | P |
Painting and enameling | P | P |
Plumbing and heating shops | P | P |
Public or private park or playground | P | P |
Public parking facility | P | P |
Public utility | CP | P |
Publishing and printing | P | P |
Sheet metalworking, tinsmithing, blacksmithing | P | P |
Sign | CP | CP |
Smelting | CP | CP |
Storage or use of materials which decompose by detonation | CP | |
Swimming pool, tennis court, shuffleboard courts and similar facilities | P | P |
Temporary building or fence | CP | CP |
Trade school | P | P |
Vehicle repair, including painting, body and motor work | P | P |
Warehouse | P | P |
Watchman's dwelling | CP | CP |
Wholesale or jobbing establishment | P | P |
E.
The Schedule of Bulk Requirements: Industrial Districts is attached to this chapter.
§ 585-11 Manufactured and Mobile Home District.
A.
General provisions; intent.
(1)
It is the intent of this chapter that manufactured and mobile homes be parked or used only within (MMH) Manufactured and Mobile Home Districts as herein provided. It shall be unlawful for any person to park or use any manufactured and mobile home on any street, alley, highway or road or other public place, or on any parcel of land or other space within the Village on any property outside an approved licensed manufactured and mobile home community as herein specified.
(2)
It shall be unlawful for any person to place, establish, operate or maintain a manufactured and mobile home on property except that zoned for manufactured and mobile home community residence districts.
(3)
Subject to the terms, conditions and limitations set forth herein, it shall be unlawful for any person to establish, operate or maintain, or permit to be established, operated or maintained, upon any property within the Village, a manufactured and mobile home park which is not in compliance with both this chapter and Chapter 377 of the Code.
B.
Permitted uses. The (MMH) Manufactured and Mobile Home District provides for single-family residential development served by municipal sewer and water.
(1)
Permitted uses: manufactured and mobile home communities.
(2)
Conditional uses: none.
§ 585-12 (PUD) Planned Unit Development District.
A.
Purpose of the Planned Unit Development District. The Planned Unit Development (PUD) District is established to encourage and promote improved environmental design in the Village by allowing for greater freedom, imagination and flexibility in the development of land while ensuring substantial compliance to the basic intent of this zoning ordinance and the general plan for community development. The PUD District allows diversification and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage more rational and economic development in regard to public services and encourage and facilitate preservation of open land.
B.
Types of planned unit developments. This section contemplates that there may be residential, commercial and industrial planned unit developments and also mixed-compatible-use developments.
C.
Permitted uses. Uses permitted in a planned unit development may consist of one or a mixture of land uses clearly designated by type on the approved final development plan. Mixed uses may occur among or within buildings as long as the uses are compatible with each other and with planned and existing uses surrounding the planned unit development. Mixed uses may include any combination of residential and commercial uses planned and developed in an orderly and compatible relationship to one another.
D.
Conditional uses. Any land use not clearly designated by type on the approved final development plan shall be permitted in a PUD only upon issuance of a conditional use permit.
E.
District standards. The district standards shall be as follows:
(1)
Access. All land uses shall abut on a public street or have adequate access to a public street by means of a private drive. All streets and drives must tie in effectively with the Village's existing street system and with those arterial and collector streets proposed in its future land use plan.
(2)
Architectural style. The architectural style of individual structures shall be compatible with other structures in the planned unit development, with the overall site design and with surrounding land uses.
(3)
Common open space. Whenever possible, common open space shall be linked to the open space areas of surrounding developments. Common open space shall be of a size, shape, location and usability for its proposed purpose.
(4)
Density. Density shall be governed by the standards of the zoning district most similar in function of the proposed use. A residential planned unit development may function to the proposed use. A residential planned unit development may provide up to a twenty-five-percent increase in the number of units per acre if the planned unit development provides substantially more site amenities than are found in a conventional residential development. The character, use of existing landscape, design variation and environmental concern of a planned unit development shall govern the amount of density increase which may be approved. Where previous zoning exists, density shall be computed based on such zoning. Where no zoning exists or where changes in zoning are proposed, a preliminary zoning request and sketch plan shall be presented.
(5)
Determining standards. Standards for lot area, coverage, setbacks, parking and screening shall be governed by the standards of the zoning district most similar in function to the proposed planned unit development use, as determined by the Village Board after a recommendation by the Plan Commission. Deviation from those standards may be permitted only if such deviation is consistent with the total design of the development, encourages a desirable living environment and is not detrimental to the welfare of the Village as determined by the Village Board after a recommendation by the Plan Commission.
(6)
Exterior boundary setback. No principal building shall be set back less than 25 feet or the height of the building, whichever is greater, from the exterior of a planned unit development or a public street right-of-way. No commercial or industrial structure shall be nearer than 50 feet to its side or rear property lines where such line abuts a single-family use.
(7)
Property owners' association. Membership in a property owners' association shall be mandatory for all owners of property within the planned unit development. The property owners' association shall own and maintain all common open space and private interior drives.
(8)
Minimum PUD development area: 10 acres of land in single ownership or control. A land use of less than 10 acres may qualify if one or more of the following conditions exist:
(a)
Natural features of the land are such that development under standard zoning regulations would not be appropriate in order to conserve such features;
(b)
The land is adjacent to or across the street from property which has been developed as a planned unit development and is to be developed in relationship to such prior development; or
(c)
The planned unit development process is desirable to ensure compatibility and careful consideration of the effect of a development on surrounding land uses.
(d)
Detrimental site features affecting the development potential of a site, such as heavily used highways, railroad tracks traversing a property, rock outcroppings, adjacent incompatible land uses or others may also justify consideration of as a planned unit development in order to give the design flexibility needed to deal with site constraints.
(9)
Designated recreational area. At least 10% of the area of the residential portion of a planned unit development shall be designated as common recreational area(s).
(10)
Signs. In the PUD District, signs shall be permitted in accordance with the requirements of the sign regulations of the Village, and such requirements as are made a part of an approved recorded development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this chapter.
(11)
Off-street parking. In the PUD District, off-street parking facilities shall be provided as set forth in an approved recorded precise development plan, which shall be, along with the recorded plan itself, construed to be and enforced as part of this chapter.
(12)
Division of land.
(a)
Each PUD District shall be considered as one tract, lot or parcel, and the legal description must define said planned unit development as a single parcel, lot or tract and be so recorded with the County Register of Deeds.
(b)
The subsequent division of any land or lands within a planned unit development for the purpose of change or conveyance of ownership may be accomplished pursuant to the land division/subdivision regulations of the Village when such division is contemplated.
F.
Preliminary development plan application. Before the Plan Commission may review a preliminary development plan, the plan and an application shall be submitted to the Zoning Administrator at least 30 days prior to the Plan Commission meeting. The preliminary plan shall include the following items:
(1)
Existing trees over six inches in trunk diameter measured at two feet above grade, streams, marshes and other predominant natural features;
(2)
Phasing schedule stating the geographical phasing and approximate construction timing of the planned unit development or portions thereof;
(3)
Preliminary drainage plan;
(4)
Preliminary utility plan for all public utilities;
(5)
Site plan showing the lot lines, building locations, street system, parking spaces, drives, common open space areas, recreational improvements and structures and proposed park or school sites;
(6)
Summary sheet indicating the area of land in each land use, number of units proposed, density of development, percentage of land in usable open space, number of acres of common recreational open space and number of parking spaces provided; and
(7)
Vicinity map showing sufficient area surrounding the proposed planned unit development to demonstrate the development's relationship to the adjacent land uses and street system.
G.
Procedure for review of a preliminary planned unit development. Six copies of an application development plan along with items below shall be submitted to the Zoning Administrator, which shall transmit copies to other agencies as appropriate.
(1)
The application shall include a written explanation of the character and purpose of the proposed planned development, including the type and density of any housing proposed; the nature and purpose of any nonresidential development; proposed method for preserving and maintaining open space, streets and parking areas; and a general statement of proposed financing for the project.
(2)
Each proposal for planned development should be accompanied by a schedule showing the times within which each phase or segment of the planned unit development will be completed. Approval of any planned unit development by the Village Board shall carry with it approval of the time schedule for completion of each phase or segment thereof as contained in the proposal and any changes or amendment thereto. In the event that any portion of such time schedule is not met, the Village Board — upon written request of the developer for an extension of time, delivered to the Village Board at least 20 days prior to the expiration of the completion date for which such extension is requested — may, for good cause, extend the said completion date. There shall be no limit upon the number of time extensions which may be requested. Upon failure of the developer to satisfactorily meet any phase or segment of the completion schedule within 20 days of the expiration date thereof, or within 30 days of denial by the Village Board for extension thereof, the special use permit shall become null and void for all of the tract of land subject to such or any portion thereof, at the discretion of the Village Board. If final development plan approval is given to a developer and thereafter he wishes to abandon the plan, the developer shall notify the Village in writing of this action. The Village, at its discretion, may retain a portion of the required security instrument to complete improvements to terminate the development or the phase of development in an orderly manner.
(3)
Within 45 days from receipt of an application for a planned unit development, the Zoning Administrator shall schedule a conference with the developer to jointly review the proposal and consider any modifications or conditions, which will be included in a report to the Plan Commission.
(4)
Within 45 days from receipt of Zoning Administrator's report on the proposed development, the Plan Commission shall make a recommendation to the Village Board to approve, approve with modifications, or disapprove the proposal.
(5)
After receipt of the Plan Commission report, the Village Board shall approve conditionally or disapprove the proposed planned unit development. Conditional approval shall be valid for one year and shall be subject to acceptance of a final plan for all or for a portion of the development. The final plan shall incorporate all conditions and modifications imposed by the Village Board.
(6)
Upon approval of final plans, a conditional use permit shall be issued by the Village Board. When construction is completed according to final plans approved by the Village Board and so certified in writing, an occupancy permit for such completed portion shall be issued by the Building Inspector.
(7)
After an occupancy permit has been issued no changes may be made in any part of the completed development except upon procedures set forth in this section or pursuant to any terms set forth in the development agreement.
(8)
If part of the planned unit development involves the subdivision of land into parcels for sale to individual owners, the site plan review required pursuant to this section shall suffice for Plan Commission review in accordance with Village subdivision regulation, and the regulations and the public hearing held by the Plan Commission shall suffice for a public hearing on the subdivision.
H.
Environmental review and design standards. In reviewing a proposed planned development, the Plan Commission shall recommend approval of such planned development to the Village Board only when it is determined that the following standards have been satisfied:
(1)
The proposal shall demonstrate an effective and unified treatment of the development possibilities on the project site, making appropriate provision for the preservation of scenic features and physical amenities of the site and the surrounding areas.
(2)
The project shall be planned and developed to harmonize with any existing or proposed development in areas surrounding the project site.
(3)
Individual buildings shall be related to each other in design, mass, placement and connection to provide a visually and physically integrated development.
(4)
Treatment of the sides and rear of all buildings within the project shall be comparable in amenity and appearance to the treatment given to the street frontage of these same buildings.
(5)
All buildings shall be arranged so as to be accessible to service and emergency vehicles.
(6)
Landscape treatment for open spaces, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.
(7)
Primary landscape treatment shall consist of shrubs, ground cover and street trees and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Whenever possible, existing trees shall be conserved and integrated into the landscape design plan.
(8)
All streets bordering the project area shall be planted at regular intervals with street trees.
(9)
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space, trash removal facilities and outdoor storage areas. All such facilities shall be designed to Village specifications.
(10)
Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance, easily maintained, and consistent with their function.
(11)
Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design. To reduce unsightliness and the visual monotony of parking cars, such facilities shall be screened from public view.
(12)
Any above-grade loading facility should be screened from public view to the extent necessary to reduce unsightliness.
I.
Action by the Village Board on the preliminary development plan application. The decision of the Plan Commission shall be reviewed by the Village Board.
J.
Application for final development plan approval. The application for final development plan approval shall include the following items:
(1)
Final site plan with all pertinent dimensions shown to the nearest foot;
(2)
Final grading, drainage, utility, lighting and landscape plans;
(3)
Sign plan specifying design, height, location, size and illumination;
(4)
Deed restrictions and instruments dedicating all rights-of-way, easements and public lands, drafted to the satisfaction of the Village Attorney, ensuring the preservation and maintenance of the common open space areas;
(5)
By-laws of the proposed property owners' association; and
(6)
Building elevation drawings, including specifications, except for detached single-family dwellings meeting required residential district standards. This requirement may be waived by the Plan Commission.
(7)
Before a building permit may be issued, the developer shall file with the Village a security instrument (i.e., a performance bond or irrevocable letter of credit acceptable to the Village as fully set forth in the developer agreement with the Village) and in an amount equal to 150% of the estimated cost of public utilities and infrastructure, paved parking, landscaping, walkways, recreational equipment and lighting in accordance with final development plans. Such security instrument shall be posted for each phase as it is proposed for development. The estimated cost for termination of each phase shall be retained by the Village until subsequent phases are under construction.
(8)
Such other information that may be requested to fully represent the intent of the development plan or to determine if the plan meets the conditions for approval in Subsection L.
K.
Final development plan approval.
(1)
Within 60 days after the final development plan is submitted, the Plan Commission shall make a recommendation to the Village Board on such plan as to its conformity with the preliminary development plan, fulfillment of all required items and continued compliance with findings required for preliminary development plan approval.
(2)
Upon receiving the Plan Commission's recommendation, the Village Board shall either grant, grant subject to conditions, or deny the final development plan. If approval is granted, a planned unit development conditional use permit shall be issued to the developer, which permit shall contain any conditions attached by the Village Board. As a condition of any planned unit development, the developer shall enter into a planned development agreement with the Village addressing among other matters, security instrument acceptable to the Village, timing of construction and phasing, payment of Village incurred professional expenses, and such other terms and conditions as the Village Board may determine.
L.
Basis for approval of the final development plan.
(1)
Requirements. The Plan Commission, in making recommendations for approval, and the Village Board, in making a determination approving the final development plan for a planned unit development, shall find as follows:
(a)
That the applicable physical requirements made and provided for in this section will be met; and
(b)
That the requirements as to public services and facilities made and provided for in this section will be met.
(2)
Proposed construction schedule. The Plan Commission and Village Board, in making their respective recommendations and determinations, shall consider the reasonableness of the proposed construction schedule and any staging plan for the physical development of the proposed planned unit development, commencement of the physical development within one year of approval being deemed reasonable.
(3)
Residential planned unit development, considerations. The Plan Commission and Village Board, in making their respective recommendations and determinations as to a proposed residential planned unit development, shall further consider whether:
(a)
Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space and coordination with overall plans for the community.
(b)
The total net residential density within the planned unit development will be compatible with the Village land use plan or components thereof and shall be compatible with the density of the district wherein located.
(c)
Structure types will be generally compatible with other structural types permitted in the underlying basic use district.
(d)
Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities if privately owned.
(e)
Provision has been made for adequate continuing fire and police protection.
(f)
The population density of the development will or will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.
(g)
Adequate guarantee is provided for permanent preservation of open space areas as shown on the general development plan, as approved, either by private reservation and maintenance or by dedication to the public.
(4)
Commercial planned unit development, considerations. The Plan Commission and Village Board, in making their respective recommendations and determinations as to a proposed commercial planned unit development, shall further consider whether:
(a)
The economic practicality of the proposed development can be justified.
(b)
The proposed development will be served by off-street parking and truck service facilities in accordance with this chapter.
(c)
The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, water, sanitary sewer, stormwater drainage and maintenance of public areas.
(d)
The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and that the development will not create any adverse effect upon the general traffic pattern of the surrounding neighborhood.
(e)
The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.
(5)
Industrial planned unit development, considerations. The Plan Commission and Village Board, in making their respective recommendations and determinations as to a proposed industrial planned unit development, shall further consider whether:
(a)
The operational character and physical plant arrangement of buildings will be compatible with the latest in performance standards and industrial development design and will not result in an adverse effect on the property values of the surrounding neighborhood.
(b)
The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, water, sanitary sewer, stormwater drainage and maintenance of public areas.
(c)
The proposed development will include provision for off-street parking and truck service areas in accordance with this chapter and will be adequately serviced by easy-access rail and/or arterial highway facilities.
(d)
The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.
(6)
Mixed-use planned unit development, considerations. The Plan Commission and Village Board, in making their respective recommendations and determinations as to a proposed mixed-use planned unit development, shall further consider whether:
(a)
The proposed mixture of uses presents a unified composite which is compatible with the zoning district and which, as a total development entity, is compatible with the surrounding neighborhood.
(b)
The various types of uses conform to the general requirements as hereinbefore set forth, applicable to projects of such use and character.
(c)
The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, water, sanitary sewer, stormwater drainage and maintenance of public areas.
M.
Filing of final development plan. Upon approval, the Village Clerk-Treasurer shall certify two copies of such plan and have them filed with the Zoning Administrator. Such plan shall be drawn to a scale of 40 feet to one inch or larger. The dimensions of such plan shall not exceed three feet by six feet. In case of a large plan, two or more sheets may be required. If so, the sheets shall be numbered.
N.
Official Map designation. After approval, the PUD District shall be designated on the Village's Official Zoning Map.
O.
Final development plan changes. Any significant changes in the approved final development plan may be made only after a public hearing by the Plan Commission and approval by the Village Board. No changes in the final development plan may be made unless they are shown by the developer to be required by changes in conditions or circumstances not foreseen at the time of the final plan approval. Any significant changes shall be recorded as amendments to the approved final development plan. Minor changes must be approved by the Plan Commission.
P.
Termination of final development plan approval. If final development plan approval is given to a developer and thereafter he wishes to abandon the plan, the developer shall notify the Village in writing. If the developer fails to commence the development within 12 months, or upon a finding by the Plan Commission that there has not been substantial development (as indicated by installation of utilities or completion of 5% of the proposed floor area) within the site area within 18 months after final development plan approval has been granted, such approval shall be terminated after public hearing by the Plan Commission and upon approval by the Village Board. Such time period may be extended by the Village Board upon written application by the developer for up to, but not to exceed, six months.
Q.
Extended staged planned unit development.
(1)
It is recognized that certain planned unit developments may involve construction over an extended period of time. If it is proposed to develop a project during a period exceeding two years, the developer may request concept approval from the Plan Commission and Village Board for the entire project and permission to submit application for preliminary development plan approval on the first stage of the project.
(2)
A public hearing shall be required by the Plan Commission for consideration of concept approval as well as for each stage of development in the extended staged planned unit development. Each stage of the planned unit development shall require both preliminary and final development plan approval.
R.
Building permit approval. No building permit shall be issued for a building in a planned unit development until the plans have been reviewed and approved by the Building Inspector.
§ 585-13 Governmental District.
A.
Intent.
(1)
General. The general intent of this district is intened to eliminate the ambiguity of maintaining, in unrelated use district, areas which are under public or public-related ownership and where the use for public purpose is anticipated to be permanent.
B.
General provisions.
(1)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in the Governmental district or requiring a conditional use permit, are set forth in Subsection D of this section. Regulations for lot size, yards and similar bulk requirements are set forth in the Schedule of Bulk Requirements for Governmental District. Both said schedules are hereby adopted and made part of this chapter.
(2)
Excluded uses or activities. A land use or activity not set forth in Subsection D is not permitted in Governmental District in the Village.
C.
Conditional use permit for certain land uses or activities in the Governmental District. Land uses or activities listed in Subsection D as being "conditional uses" shall not be considered permitted as a conditional use, and the Zoning Administrator shall not issue a zoning certificate for such uses or activities until applicable conditions, have been complied with.
D.
Land uses or activities: residential districts.
KEY: |
P = Permitted |
CP = Conditional Use Permit Required |
X = Site Plan Approval Necessary |
Land Use or Activity | G |
|---|---|
Community center | P |
Library | P |
Police and fire station | P |
Public utility | P |
School | P |
Village hall, Village garage | P |